Some states didn't wait for cap and trade legislation to pass Congress; they went ahead with regional pacts and started charging power plants for each ton of carbon emitted. With Sens. Kerry, Lieberman and Graham indicating they'll introduce a climate and energy bill in the Senate soon, supporters of those regional programs are concerned they'll be preempted. That would take significant dollars out of state coffers, money that was being used to fund budget deficits, not pay for green energy development, in many cases. West Virginia is not, and is not likely ever to be, a member of one of these state compacts.
Steve Jones of the Marten Law Firm has a nice summary of the regional cap and trade groups, and the status of the agreements, here.
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